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(영문) 수원지방법원 2014.09.25 2014노3690
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and two months of imprisonment and four hundred thousand won of the surcharge) is too unreasonable.

2. Although the Defendant, through detention for not less than eight months, commits the instant crime during the period of repeated crimes of the same kind, even though he/she had a major crime detrimental to the soundness of society and the nation due to its toxicity, the administration of narcotics is highly likely to be punished. In light of the records and arguments in this case, the Defendant committed the instant crime during the period of repeated crimes of the same kind, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, the Defendant’s punishment against the Defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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